MY EMPLOYER HAS ASKED ALL EMPLOYEES TO BE READY FOR CALL IN ON DAYS OFF 24/7/365. MY CELL PHONE DOES NOT HAVE A SIGNAL SO MY SUPERVISOR HAS ASKED ME TO CALL IN AT SPECIFIC TIMES ON MY DAYS OFF. IS THIS DISCRIMINATION? I AM ABOUT TO RETIRE FROM THIS JOB.
If the employer requires employees to be available for work while on call, and the employer is unable to contact you due to your cell phone signal issue, then the employer can demand that you call in to check to see if you are needed. It does not seem like discrimination because the issue is your phone service rather than any unlawful discriminatory factor. However, there may be a requirement that the employer pay you for the "on call" time. I recommend that you speak to an experienced employment attorney about this matter if you are not being paid for the on call time.
Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced employment law for more than 17 years, represents clients throughout North Carolina, Eastern and Middle Tennessee. This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
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